Petersen v. Jensen
Supreme Court of Iowa
Appeal from Shelby District Court. — J. B. Rockafellow, Judge. Suit iu equity for specific performance of an alleged contract of sale of a farm. The contract, if such, consisted of telegrams and letters.
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Appeal from Shelby District Court. — J. B. Rockafellow, Judge. Suit iu equity for specific performance of an alleged contract of sale of a farm. The contract, if such, consisted of telegrams and letters. The answer of defendant denied that a, contract had been consummated, and pleaded also that the plaintiff was guilty of fraud, in that he was acting as agent for defendant in the sale of said farm, and that he withheld from the defendant the fact that he had offers for said farm substantially greater than the price to which he obtained the defendant’s consent. After trial upon the merits, the…
1Opinion of the CourtEvans, J.
1. Vendor and Purchaser : agreement •on price not completed sale. The defendant was the owner of a farm in Shelby County, upon which he had lived for many years, and from which he moved to California about three years prior to the transactions herein involved. The plaintiff was a real estate agent in the near vicinity, and became agent for the defendant, in a somewhat indefinite sense. The parties had been acquainted for a long time. No price was fixed by the defendant upon his farm, nor was any authority given to the plaintiff to sell the same. It fairly appears that it was understood…
2Cases cited1 opinion
- Kinman v. BottsSupreme Court of Iowa · 1910
3Cited by5 opinions
- Bremhorst v. Phillips Coal Co.Supreme Court of Iowa · 1927
- Starry v. Starry LynchSupreme Court of Iowa · 1931
- Lamis v. Des Moines Elevator & Grain Co.Supreme Court of Iowa · 1930
- Buechler v. OlsonSupreme Court of Iowa · 1922
- Johnston v. Federal Land BankSupreme Court of Iowa · 1940